Governor Nixon takes his new limo to Columbia Custom Car Works (CCCW) to have a new spoiler added, red flames painted up the sides, and a new muffler added so people can hear him coming from miles away. Jim, a worker at the garage, has just tallied up the work for a whopping $2,000.00 when Governor Nixon realizes he is late for an important meeting in Jefferson City and hops into his pimped out limo and has his chauffer speed away. He yells out the window for CCCW to send him the bill.
Three weeks later when CCCW has made several unsuccessful attempts to collect the amount, all to no avail, they contact your law office for advice. You look into the matter and discover that Metropolitan National Bank (MNB) has a prior security interest in the limo. Which statement correctly describes the rights that CCCW has?
1. None. Because CCCW has already given the car back to Governor Nixon, it has relinquished its right to assert a “possessory lien” as defined in § 9-333(a).
2. CCCW can still claim an artisan's lien if it files a notice in the local office of country recorder of the county where Governor Nixon resides; that artisan’s lien will have priority over MNB’s prior security interest in the limo.
3. Same answer as #2, but CCCW’s mechanic’s priority is limited to $1,500.00 because the governor did not give prior consent to a higher amount.
4. CCCW can still claim an artisan's lien if it files a notice in the local office of country recorder of the county where Governor Nixon resides, but MNB’s perfected prior security interest in the limo has priority over CCCW’s nonpossessory lien.